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No. 2 of Six Model Cases of Supporting Hong Kong Arbitration Published by the Supreme People's Court: Respecting the Parties' Right to Choose Arbitral Procedure and Recognizing and Enforcing an Arbitral Award Made in Hong Kong—Case of Application for Recognition and Enforcement of an Arbitral Award Made in Hong Kong Filed by [REDACTED] Finance Company
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最高人民法院发布6件支持香港仲裁典型案例之二：某金融公司申请认可和执行香港仲裁裁决案——尊重当事人仲裁程序选择权 认可和执行香港仲裁裁决
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【法宝引证码】
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| No. 2 of Six Model Cases of Supporting Hong Kong Arbitration Published by the Supreme People's Court: Respecting the Parties' Right to Choose Arbitral Procedure and Recognizing and Enforcing an Arbitral Award Made in Hong Kong—Case of Application for Recognition and Enforcement of an Arbitral Award Made in Hong Kong Filed by [REDACTED] Finance Company | | 最高人民法院发布6件支持香港仲裁典型案例之二：某金融公司申请认可和执行香港仲裁裁决案——尊重当事人仲裁程序选择权 认可和执行香港仲裁裁决 |
| [Basic Facts] | | 【基本案情】 |
| On December 11, 2007, [REDACTED] Finance Company entered into a Loan Contract with [REDACTED] Salt Manufacturing Company, stipulating that "any dispute shall be finally resolved by arbitration under the UNCITRAL Arbitration Rules, with Hong Kong as the place of arbitration and the HKIAC as the arbitration institution. The arbitration tribunal shall be composed of three arbitrators." As [REDACTED] Salt Manufacturing Company failed to repay the loan as agreed, [REDACTED] Finance Company applied to the HKIAC for arbitration. The HKIAC made an arbitral award on August 12, 2019. [REDACTED] Finance Company applied to the Intermediate People's Court of Zigong City, Sichuan Province for recognition and enforcement of the arbitral award on August 17, 2020. [REDACTED] Salt Manufacturing Company alleged that the Loan Contract stipulated that the arbitration tribunal should be composed of three arbitrators and the HKIAC appointed a sole arbitrator, which was inconsistent with the stipulation and violated the provision of item (4) in paragraph 1 of Article 7 of the Arrangements that "the composition of the arbitration tribunal was inconsistent with the agreement of the parties." Therefore, the arbitral award involved should not be enforced. It was found upon examination that the arbitral award involved specified that the parties wrote to the HKIAC and requested it to appoint arbitrators. Bao [REDACTED] was appointed as the sole arbitrator for the dispute involved and both parties confirmed such appointment through a letter they jointly signed. | | 2007年12月11日，某金融公司与某制盐公司签订《贷款合同》，约定“任何争议均应根据《联合国国际贸易法委员会仲裁规则》通过仲裁最终解决。仲裁地点为香港，仲裁机构为香港国际仲裁中心，仲裁庭由3名仲裁员组成。”因某制盐公司未按约定清偿借款，某金融公司遂向香港国际仲裁中心申请仲裁。香港国际仲裁中心于2019年8月12日作出仲裁裁决，某金融公司于2020年8月17日向四川省自贡市中级人民法院申请认可和执行该裁决。某制盐公司提出《贷款合同》约定仲裁庭应由三名仲裁员组成，香港国际仲裁中心指定独任仲裁员，与约定不符，违反《安排》第七条第一款第四项关于“仲裁庭的组成与当事人之间的协议不符”的规定，故仲裁裁决不应予以执行。经查，案涉裁决书载明双方当事人写信请求香港国际仲裁中心任命仲裁员，保某先生被任命为案涉争议的独任仲裁员后，双方又通过一封共同签署的信函对此任命进行确认。 |
| ．．．．．． | | ．．．．．． |
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